Supreme Court of North Carolina December 9, 1908 (State v. . Walker)

Hoke, J.

The controlling principle on a question of this' character is very Avell stated by

Merrimon, J.,

in

State v. White,

89 N. C., 464-465, as follows:

“It is well settled law, that the Court must decide what is evidence, and whether there is any evidence to be submitted to the jury, pertinent to an issue submitted to them. It is as.